Can I use real people from my hometowns names

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Ty T

In my new book called Village Life which I have planned to be a soap book. You know it will focus on the various different families and their love lives etc.

But can I firstly use the name of the town in my book?
and can I use the people who used to live theirs names
The stories about them aren't true although but made up stories about characters with the same names
Also the same goes for shops and things. Is it okay to use shops that aren't like brand shops like the Co-op or anything
like a small cafe in my street called Cafe 35
 

Writing Again

Only if you wish to be sued for slander, libel, defamation of character, and invasion of privacy.

If you ever do use a real person in something you write (I have) be sure to obtain written permission in the form of a release first.

There are a few exceptions. If the person you are writing about was convicted of the crime you claim they did then it is unlikely they would have grounds for a successful suit. Doesn't mean they can't sue, just means they would have a low chance of doing so successfully.
 

Fresie

I'd think, if it's a small provincial town, you might use actual shops' and streets' names, it'll give your story a feel of believability. But as Writing Again said, under no circumstances use real people's names or recognisable parts of their biographies-- and especially make sure that none of the real living people you know recognise themselves in your characters.

I'm working on a historical project now and I make sure that the story is set in actual places, and all the street names, directions and shop names are correct. I even had to check the theatre schedule for that city and year, to make sure my characters watched a play that was actually on at that time! But rest assured that all the characters in it are 100% fictitious.
 

MissKathyClarke

That's cool Fresie!

If you really want to use their names to make it easier on yourself, you could give them a different neighborhood or something and make sure they aren't really recognizable.
 

Writing Again

I'd think, if it's a small provincial town, you might use actual shops' and streets' names, it'll give your story a feel of believability.

Street names yes, so long as nothing bad happens on them. A person might feel offended if you said a murder happened on "their" street.

I would be wary of actual shops except in the case of chains and once again depending on what happens in them. The owner of Joe's Diner might not want to even be associated with the type of novel you are writing.

I'm working on a historical project now and I make sure that the story is set in actual places, and all the street names, directions and shop names are correct. I even had to check the theater schedule for that city and year, to make sure my characters watched a play that was actually on at that time! But rest assured that all the characters in it are 100% fictitious.

Don't know how far back in history you are going.

According the the courts (unless some recent cases I have not heard about over turned this) dead people cannot be maligned nor their privacy invaded.

However you might be taken to task if you contradict known historical details.

In other words if no one knows where Mrs O'Leery was on the night her cow jumped over the candlestick then you can say she was at a bawdy house or having an affair with the neighbor. However if someone can prove she was at the theater then that is where you should put her.

I'm not sure what the position is if you are writing about an historical building that is still standing. If it was around at the time you are writing about you can surely use it, but the the current owners might be upset if you said a rape happened in the back ally or a body was buried in the basement -- Unless you are writing a true account of an actual event that is documented.

I always recommend How to Bullet Proof Your Manuscript and wish they would update and reissue it.
 

Fresie

If it was around at the time you are writing about you can surely use it, but the the current owners might be upset if you said a rape happened in the back ally or a body was buried in the basement -- Unless you are writing a true account of an actual event that is documented.

Wow, you're right, I never looked at it this way! I'll absolutely have to take it into consideration--I have a couple of castles involved. :D

Thanks for the link, I'll check it.

Fresie
 

katdad

I highly recommend that you change the name of the town and the people. I also recommend that for characters, you create new ones who may contain aspects of certain real people, but only 'slices' of that person.

If you use a real town and real places, be certain that the real place has zero negative comments about it in the story.

I am writing a series of private detective novels based in Houston. I include some real clubs, bars, and restaurants in the book, but only as place settings. And if I do, I make sure that the account is neutral or positive.

For example "...We were having a beer at the Alabama Ice House, enjoying the afternoon sunshine and discussing the case..." contains nothing that could be considered negative, and therefore I'm okay here.

People are another matter. Even if the real person is 100% positive, you can really step on toes by including that person in your story.

I recommend creating composite characters, using segments from one real person and combining that with aspects of another. Or use real people as "inspirations" for your stories, and maintain detachment.
 

Fresie

Fictitional town

If you want an example how to handle an "almost real" historical place, I can't recommend enough reading Deception On His Mind by Elisabeth George. It's set in modern England, she uses real geography, all real names of surrounding towns and attractions, the real political situation, and just weaves into this real picture a perfectly English, familiar, recognisable, but absolutely fictitious town. At first I tried to look it up on the map! The illusion is perfect.
 

Writing Again

Re: Fictitional town

One mystery novel I read: On the first page is the sentence: "There is no such county as Gatling, Texas": Which is where the story takes place.
 

SimonSays

I agree that you should definitely not use real people's names. But it's more than just the names, people have been known to sue if the character's appear to be based on them - even if you change the name.

But I think it's taking it too far by saying don't use real street names if something bad happens there. I mean really, if you are writing not to offend instead of writing the story you want to tell in way you want to tell it in the place you want to tell it - it's gonna be a pretty lousy story.

Fictional works are set in REAL locations all the time. And yes, often bad fictional things happen in those real places.
 

Writing Again

Fictional works are set in REAL locations all the time. And yes, often bad fictional things happen in those real places.

I've read writers like Dean Koontz carefully, and he does it masterfully. He does not name the streets or make the buildings identifiable where bad things happen.

Even Ludlum, who writes about public places and toes so close to the line, does not write about something bad that would happen outside any one person's door.

I still remember a town in California who tried to sue a movie because it said they had "The worst prison it the state: It was a hell hole."

The reason the suit failed was because the town had no prison. Had they had one they would have had a suit.

You can say a rape happens in Central park, rapes have happened there a lot.

But if it is in a small park and no rapes have happened there, you might be suable. If only one rape has happened there then that must be the one you were writing about and you are in trouble if you are sued over it.
 

SimonSays

Writing again, I think you need to do a little research on what one can and can't be sued for.

Portraying real people or real businesses in a negative and/or false light is an invitation to be sued. Having a murder take place on a real street is fine.
 

HConn

I say use the people and the place, but change the names. and a couple identifying details.
 

Jamesaritchie

There's no problem at all with using the real name of a town, real streets, real houses, real businesses, etc. Writers do it all the time. Some even go to a length of detail that's incredible. If a character trips over a crack in the sidewalk, you can go there and there will be a crack in the sidewalk. And, of course, an awful lot of fictional characters have been killed on or in the Empire State Building, Grand Central Station, the New York subway, Central Park, Times Square, etc.

Some of the best fiction out there wouldn't exist if the writer couldn't use real locations, or worried about having negative things happening there. Whether or not it upsets someone simply isn't an issue.

Using real people is more problematical. It's best to change the names and descriptions, though I seldom do, if the character is peripheral. I constantly use real people in my fiction, and keep their real names and physical descriptions. But I don't have real characters do anything in fiction they could object to. Though I did once make my brother-in-law a horse thief, and made his wife a dance hall girl. In real life he's a police officer and she's a church secretary. Only the protagonist and the antagonist are fictional in most of my stories.

But I use the real name of the only store in my tiny hometown, and the real owner. I use the real name of the grain company, the real owner's name, and teh real names and descriptions of the workers. Verisimilitude. Someone may decide to drive through that town because of my writing (It's happened) and I want them to see it as it is.

Change the names and descriptions of anyone doing bad deeds, and you're fine.

You don't have to worry about slander, of course. That's spoken words. And libel is only libel if you intentionally lie about someone in a way you know is going to damage their reputation. Even a lie isn't libelous, unless you both know it's a lie, and had the intent/reasonable expectation of damaging the person.

Invasion of privacy is generally only a problem if you break the law in the process.

People can sue you anytime for any reason whatsoever, and even if you change everything, there's always a chance you'll be sued over something. But it's seldom anything to lose sleep over.

But mentioning real businesses is fine. You can certainly have a character stop to eat at a real diner in a real location, and you can have a person murdered on a real street. This, too, is done all the time. I grew up in a tiny town, only 100 people, and I've used every deatil of it in fiction. I have characters shop at the tiny local store, I've had people killed by being thrown off the grain elevator in the center of town, and I had a character murdered at the only famous place around, The Wilbur Wright Memorial. Wilbur Wright was born there. You can also have as many bad things happen in a real town as you wish. This, too, is done all the time.

Or you can just make up your own town, based on whatever real town and geographical location you wish. This, too, has its advantages. You can make things just the way you want them, put businesses where they're convenient, have a river where you need a river, etc.

If you use a private residence, it is best to build your own house and give it a fake address number.

But for verisimilitude, there's nothing at all wrong with using a real town, real streets, real businesses, real landmarks, and even real living people is perihpheral roles. Nor of using dead people pretty much any way you wish.

In nonfiction, you can write anything about anyone that you can learn from public sources, including interviewing that person's friends. There wouldn't be many magazine or newspaper articles if you had to get permission to write about someone. No one would give permission to have negative things published.
 

maestrowork

You can use real people and events in your novel, but by all means change their names!

Ever read these disclaimers on the copyright pages:

"This book is a work of fiction. Names, characters, places and incidents are products of the author's imagination or are used fictitiously. Any resemblance to actual events or locales or persons living or dead is entirely coincidental."
 

Gala

re Names, my policy is,
Do unto others as I want them to do to me; unless I'm in a vengeful mood.

Seriously--legalities aside, do you care if you use their names? Do you need more stress in your life, looking over your shoulder, wondering if they'll send you hate mail or leave nasty messages?

If not, use their names. I've used real names, especially those of people who have pissed me off that day. Often part of the name is changed for publication.

Why? I don't want to sell fewer books. That person is a potential buyer.

If the names are of people I care for, I ask. They don't mind.

As for names of people I don't know--I defer you to James Ritchie's excellent advice.
 

reph

Ty, how would you react if you saw your name on a character in a novel written by someone from your town? What if the fictional Ty lived at your address and did the same kind of work you do? What if he were a bad guy in the book? Would you take it personally?
 

HConn

Let's not stop at "bad guy." Let's have the fictional Ty making crush videos and sneaking into his neighbor's garden in the middle of the night to masturbate. Would that tick you off?

What if your neighbor, who you barely know, is also in the book, but the neighbor character just a normal, everyday person, seemingly identical to the person you know? What if she's also read the book? Would you go over there and tell her that you never knew what a "crush video" was until you read it in the novel, and you're not the one who walked through her green beans? Or would you say nothing and hope she understands what parts are fact and what's fiction?
 

Fresie

"This book is a work of fiction. Names, characters, places and incidents are products of the author's imagination or are used fictitiously. Any resemblance to actual events or locales or persons living or dead is entirely coincidental."
___________________

I want to ask you if it's true because I definitely remember reading somewhere that this type of disclaimers has no legal power at all. That they're there simply to scare away some potential paranoiacs, but if somebody indeed wants to sue you over something in your book, then they can do it because this disclaimer gives you no protection whatsoever. Is it true?
 

Writing Again

SimonSays

Writing again, I think you need to do a little research on what one can and can't be sued for.

Portraying real people or real businesses in a negative and/or false light is an invitation to be sued. Having a murder take place on a real street is fine.

I did. In fact I listed my favorite book, which is one of the most complete I've come across: How to Bullet Proof Your Manuscript

And your last sentence, "Having a murder take place on a real street is fine." is misleading. If your murder takes place on Market Street in San Francisco, which is a major thoroughfare you are pretty safe. They do happen there and few could claim they had been slandered.

The last time I was in San Francisco there was a quiet little neighborhood street called Water Street. Never heard of anything bad happening on that street. Having a grisly murder take place there might or might not upset someone. Would they sue if it did? Would they win if they sued? Or would it just give your novel a boost? Do you want to have a go and find out?

By the way, if you are sued book publishers no longer bear the full burden of the defense -- Even if you win it can be expensive. If you look carefully at the contracts you sign you will see that if you are sued successfully the publisher may be able to sue you as well. I'm not sure if the last book contract included just "negligence" on my part or "willful negligence" but I'm pretty sure I saw something there to that effect.

Jamesaritchie

I read back over my posts and realize I did not make my self clear in my statement "Street names yes, so long as nothing bad happens on them. A person might feel offended if you said a murder happened on "their" street". I was thinking primarily of neighborhoods. You are correct when you say:

And, of course, an awful lot of fictional characters have been killed on or in the Empire State Building, Grand Central Station, the New York subway, Central Park, Times Square, etc.

Some of the best fiction out there wouldn't exist if the writer couldn't use real locations, or worried about having negative things happening there.

However when it comes to less public places:

Whether or not it upsets someone simply isn't an issue.

Is not a safe practice to follow and:

Invasion of privacy is generally only a problem if you break the law in the process.

Is wrong. True, invasion of privacy is primarily a civil matter, I don't think I've ever heard of anyone going to jail for it. But I own my own home and I'd like to keep it.

Also:

Even a lie isn't libelous, unless you both know it's a lie, and had the intent/reasonable expectation of damaging the person.

Applies to celebrities. I'm not so sure it applies to the average person in the street. Either way you do have to be more careful what you say about private people than "public" people.

People can sue you anytime for any reason whatsoever, and even if you change everything, there's always a chance you'll be sued over something.

Correct in the U.S. Not so in England and other countries where the reasons for suits are more closely examined.

But it's seldom anything to lose sleep over.

To quote a friend of mine, "Don't be paranoid but do carry caution to reasonable extremes."

I grew up in a tiny town, only 100 people, and I've used every deatil of it in fiction. I have characters shop at the tiny local store, I've had people killed by being thrown off the grain elevator in the center of town, and I had a character murdered at the only famous place around, The Wilbur Wright Memorial. Wilbur Wright was born there. You can also have as many bad things happen in a real town as you wish. This, too, is done all the time.

You are probably safer than someone in NYC as far as a suit goes. I currently live in a relatively peanut sized town of a mere 12,000 and I guarantee you some of them are sue crazy.

Someone in my family sent a "Santa letter" to Steven King one Christmas. She signed it with her name as "Santa's little helper." His next published novel used her last name in it. She said,"I wonder if he got that from the letter I sent."

Five people tried to get her to sue Steven King on the basis of "He can afford it and anyway he will settle out of court."
and even real living people is perihpheral roles.

Not safe advice at all.

In nonfiction, you can write anything about anyone that you can learn from public sources, including interviewing that person's friends. There wouldn't be many magazine or newspaper articles if you had to get permission to write about someone. No one would give permission to have negative things published.

Only if you are writing about a celebrity or you can successfully contend the public has a legitimate right to know.

Gala:

re Names, my policy is,
Do unto others as I want them to do to me; unless I'm in a vengeful mood.

Seriously--legalities aside, do you care if you use their names? Do you need more stress in your life, looking over your shoulder, wondering if they'll send you hate mail or leave nasty messages?

If not, use their names. I've used real names, especially those of people who have pissed me off that day. Often part of the name is changed for publication.

Why? I don't want to sell fewer books. That person is a potential buyer.

If the names are of people I care for, I ask. They don't mind.

This is succinct, sensible advice to which I would add one thing:

I have always included real names of real people doing their real jobs in my novels:

Even my current fantasy has some real people in it acting just like themselves (though not in major roles):

I always, without exception, obtain a written release.
 
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